Legal

Oklahoma

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10.1. Landowners encouraged to make land available to public for recreational purposes--Limitation on liability--Definitions--Applicability of section to land and attached roads, water and structures used primarily for farming or ranching activities

A. 1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. "land" means real property, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty. The term "land" shall not include any land that is used primarily for farming or ranching activities or to any roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities,
b. "outdoor recreational purposes" includes any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other sporting events and activities, nature study, water skiing, jet skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites,
c. "owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the land, and
d. "charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. The term "charge" shall not include a license or permit fee imposed by a governmental entity for the purpose of regulating the use of land, a water or park area, or lake reservation and shall not include hunting, fishing, boating, and other license and permit fees.
B. An owner who provides the public with land for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities.
C. 1. Except as otherwise provided by this section, an owner who provides the public with land for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the land, or
c. assume any liability or responsibility for any injury to persons or property caused by the act or omission of a person who enters or uses the land.
2. This subsection applies whether the person entering or using the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using any part of the land; or
2. Any commercial or other activity for profit directly related to the use is conducted on any part of the land.
E. 1. An owner of land leased to the state or to other public entity for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities. Any owner who leases or subleases land to the state or other public entity for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the leased land, or
c. become liable or responsible for any injury to persons or property caused by the act or omission of a person who enters or uses the leased land.
2. This subsection applies whether the person entering or using the leased land is an invitee, licensee, trespasser, or otherwise, notwithstanding any other section of law.
F. 1. Except as provided in this section, no person is relieved of liability which would exist for want of ordinary care or for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or increase the liability of any person.
2. This section shall not relieve any owner of any liability for the operation and maintenance of structures affixed to real property by the owner for use by the general public.
G. By entering or using land, no person shall be deemed to be acting as an employee or agent of the owner whether the entry or use is with or without the knowledge or consent of the owner.
H. The provisions of this section shall not apply to any land that is used primarily for farming or ranching activities or to roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
Sections 26 through 32 of this act shall govern such land. [FN1]

-In light of Government Tort Claims Act's (GTCA) requirement that government and private tort liability be coequal or coextensive, Grand River Dam Authority could claim immunity afforded under Recreational Land Use Act (RLUA).
- To be entitled to immunity under Recreational Land Use Act (RLUA) type of commercial activity which takes landowner out of purview of immunity has to be connected with invitee's recreational use of lands or waters.

Mustain v. Grand River Dam Authority, Okla., 68 P.3d 991 (2003)

-Dam authority's collection of dock permit fees and other miscellaneous rents did not create profit-related nexus to admitted public's presence on premises, for purposes of exception to Recreational Land Use Act for commercial or other for-profit endeavors, where dock permit fees were issued against, and paid solely by, dock owners, not by admitted public, boaters could launch water craft onto lake without using either public or private dock, and authority's enabling legislation required that public's recreational use of water and land be without charge.

This program was partially funded by the Multistate Conservation Grant Program (Grant DC M-59-R), a program supported with funds from the Wildlife and Sport Fish Restoration Program of the U.S. Fish and Wildlife Service and jointly managed with the Association of Fish and Wildlife Agencies, 2007.